GOVERNOR DOUGLAS A. DUCEY

STATE OF*ARIZONA
EXECUTIVE ORD

Executive Order 2018-05
Executive Policy on Legislative Immunity

 

 

 

 

 

 

 

   
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Whereas, the State of Arizona continues to be plagued with fatality rates on its highways;

Whereas, fatality rates are most often attributable to driver behavior;

Whercas, speed limits are set for the purpose of public safety;

Whereas, preserving the peace and protecting public safety is one of the most important duties of government; .
Whereas, no one is above the law, including those of us with the privilege of serving in elected office;

Whercas, peace ofñcers must not be pressured by those serving in elected office to look the other way when a
violation of criminal law endangers the safety of another;

Whereas, peace officers must have support from those serving in elected ofñce to exercise their professional
judgment and expertise without regard for an individualºs political stature;

Whereas, politicians are required to abide by the laws that have been adopted by their citizenry and those
enacted by legislative and executive action;

Whereas, the Governor must take care to ensure that the laws of the State are faithñ111y executed;

NOW, THEREFORE, I, Douglas A. Ducey, by virtue of the authority vested in me by the Constitution and
laws of the State of Arizona, do hereby direct the following:

1. Peace ofñcers employed by the State of Arizona, including those at the Department of Public Safety, the
Department of Transportation and any other agency of the State that may be in a position to enforce
criminal traffic violations, shall consider any criminal violation that endangers the safety of another
including but not limited to, criminal speeding, reckless driving and driving under the influence, as a
“breach of the peace” under Title 4, Section 6, Part 2 of the Arizona Constitution. It is clear in some
recent cases that the peace has been breached, and we have a responsibility to enforce the law in these
cases.

2. Peace ofñcers employed by the State of Arizona shall strictly limit application of Title 4, Section 6, Part
2 of the Arizona Constitution, to circumstances where immunity applies during the legislative session
and the 15 days immediately prior to the start of the session.

3. All agencies managing Arizona Peace Ofñcers and Standards Training Board (AZPOST) certified peace
officers are encouraged to adopt this policy as it relates to Title 4, Section 6, Part 2 of the Arizona

Constitution.

Executive Order 2018-05
Page Two

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IN WITNESS WHEREOF, I have hereunto set my hand and caused to
be afñxed the Great Seal of the State of Arizona.

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GOVERNOR

DONE at the Capitol in Phoenix on this 20th day of July in the Year Two
Thousand and Eighteen and of the Independence of the United States of
America the Two Hundred and Forty-Third.

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Secretary of State

ATTEST: